'Cancellation Would Be A National Loss': Bombay HC Refuses To Revoke MBBS Admission Based On Invalid OBC-NCL Certificate

The Bombay High Court refused to revoke the MBBS admission of a student, despite finding that it was obtained with an invalid OBC-Non-Creamy Layer Certificate.

In that context, the Bench of Justice AS Chandurkar and Justice Jitendra Jain observed that, "In our country, where the ratio of the Doctors to the population is very low, any action to withdraw the qualification obtained by the Petitioner would be a national loss since the citizens of this country would be deprived of one Doctor."

Highlighting that the foundation of false information would be a blot on the noble profession, the Court also observed that, "Respondent No.3 was justified in cancelling Non-Creamy Layer Certificate of the Petitioner dated 8th October 2013 on the basis of which the admission was obtained in Respondent No.4-College. The Enquiry report is upheld. However, on account of passage of time, the qualification obtained by the Petitioner should not be withdrawn by Respondent No.4 and Respondent No.5, and the said respondents are directed to confer the degree to the Petitioner."

Counsel DV Sutar, along with others, appeared for the petitioner, while Senior Counsel RV Govilkar and Addl. GP Abhay L Patki, along with others, appeared for the respondents.

The court addressed a writ petition challenging the petitioner's MBBS course admission cancellation due to an invalid OBC-NCL certificate. Initially admitted under the OBC category in Lokmanya Tilak Municipal Medical College and Hospital in 2012-13, an inquiry into OBC admissions led to scrutiny.

The petitioner's father, who obtained the certificate, was investigated, revealing inconsistencies in marital status and income statements. Despite claiming divorce, he admitted to living with his wife for their children's sake, and misrepresented her employment status. Consequently, the college revoked the certificate on October 8, 2013, cancelling the petitioner's admission on February 1, 2014.

The petitioner contested this in the High Court on February 5, 2014, securing interim permission to continue her MBBS studies, albeit without OBC category benefits. She completed her MBBS, internship, and Diploma Course in Obstetrics and Gynecology, arguing her father's misrepresentation stemmed from a misunderstanding regarding marital status and income. She claimed her father's income, within the prescribed limit as per the October 14, 2008 Government Resolution, justified the certificate issuance, challenging its cancellation and her admission revocation.

The Court observed that, "there can be no doubt that the basis of cancelling the certificate and the admission is justified since the same was based on false, incorrect and suppression of information. Therefore, the Petitioner’s prayer to quash the communication dated 8th October 2013 is to be rejected. However, under the interim orders of this Court which were in operation from February 2014 onwards, the Petitioner has completed the course of MBBS and therefore, it would not be proper at this stage to withdraw the qualification obtained by the Petitioner moreso when the Petitioner has qualified as a Doctor."

The Court also highlighted that the medical profession should not be based on a foundation of false information, and directed that the petitioner shall pay difference in the fees which an Open Category Candidate was required to pay for the entire course. The petitioner was also directed to pay costs to the respondent.

Cause Title: Lubna Shoukat Mujawar vs State of Maharashtra

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